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KATE BOLDUAN, CNN ANCHOR: Welcome back to NEW DAY. Time now for our political gut check of the morning, the new cover of "Time" magazine reads, "Can anyone stop Hillary." And also this week, Republicans are taking on that challenge renewing criticism against the former secretary of state after the release of an intelligence report from the Senate Intelligence Committee that says the attacks on the Benghazi diplomatic compound were likely preventable.

Joining us now to break down the politics of it all, CNN's chief national correspondent, John King. Good morning, John.

JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT: Good morning. Happy Friday.

BOLDUAN: Happy Friday. Thank goodness for reminding me it is Friday. So Philip Rynus was just on a very close advisor to Hillary Clinton. He knows her thinking. When we were talking to him about this Benghazi report, he said -- one of the things he said he doesn't understand what likely preventable means as he was criticizing Republicans for in his view making this political when he says this shouldn't be political. What do you make of it?

KING: Well, this will be political especially if she steps back into the public arena as most people expect. It also a policy question and it is very hard at times to separate the two because of her high profile and because of deep seated -- it goes back years, even before she was secretary of state and before she was senator to Republican base dislike of Hillary Clinton.

If you read the report what it means by this was preventable is that the State Department run by Hillary Clinton, and that's a fact, she was running the department, ignored warning after warning after warning. What Hillary Clinton's staff says and there is no evidence to contradict them that it never came to her. That there was never a meeting saying, Madam Secretary, they need help in Benghazi.

Some Republicans says that's actually the defining question. We're going through this right now with Chris Christie and his culture of leadership. Maybe he didn't say close the George Washington Bridge, shut down those lanes, but did he create a climate of leadership in which his aides thought that was the right thing to do. There is a flip side when you come to what many Republicans want to explore. Should Secretary Clinton run for the presidency, which is why didn't they, why was there not a culture in the State Department when all these warnings were coming in at the low level and the medium level, why didn't somebody say we got to take this to the boss because we need help here.

CHRIS CUOMO, CNN ANCHOR: What about her famous or/infamous statement of what difference does it make why it happened? I mean, at the end of the day, isn't the analysis that responsibility has got to go hand and hand with accountability and that by being so flip about what the motivation was -- I know what Ryan just said is supposedly the context of what the secretary at that time was discussing that, people are dead that's all that matters. But this is something that's a legitimate thing for analysis, no?

KING: It's something that will be in the political ad should she run. Not necessarily in any Democratic primary, should somebody try to challenge her in the Democratic primary and somebody will. The question is does anybody credible emerge in the Democratic primaries. But there's no question. There's no question that Republicans will use this in the general election if she is the candidate in 2016.

That snippet will show up in an ad. You're going to hear her say, of course I'm accountable, but I had no specific warning. About that day when she testify, if you talk to the Republicans involved, especially the senior Republicans involved, they're embarrassed by that day actually.

Because as Philip noted Secretary Clinton did go before Congress to answer questions. She did it that one time. They privately admit, they got their hats handed to them. They were simply not prepared. They kept asking her political questions, not very specific questions. That bite will come back to play if she runs. Over overall, they believe she dominated. They weren't prepared, they said.

What we do hear from Republicans is that they haven't heard enough from Hillary Clinton. Some will argue that they won't ever hear enough. We know that she's going to address Benghazi in her book that's going to come out. Will that be enough I guess will with the question?

KING: No. But it will be interesting to see, interesting book from Secretary Gates on the table right now, a thoughtful person offering his views on very controversial issues. Secretary Clinton, whether you like her or not, whether you agree or disagree with her politics and policy is a very thoughtful person and you can look forward to a thoughtful discussion in the book.

Now if you know you're about to run for president, you're going to be careful about what you put in a book. But it's also an opportunity for her in a written word to put it out there. She has something new she wants to say or she wants to say it in a different way, here's her opportunity so people can read it and digest it.

But look, we live in the polarized political world. She was -- this is one of her challenges as she decides whether to run for president. She was not that at the State Department. Because Benghazi and just because of life and the way the country is divided right now, should she step back in, she flips the polarizing switch all over again and Benghazi will be part of that.

BOLDUAN: all right, John, thank you so much. Have a good weekend.

KING: You too.

CUOMO: You know, a lot of people close to Hillary say I hope it is Benghazi. I hope that's biggest gun they bring out against because we feel that we can handle it easily.

A lot of other news as well, let's get to John Berman with the headlines -- John.

JOHN BERMAN, CNN GUEST ANCHOR: Thank you so much. We have some new details this morning about the huge target breach over the holidays. A global cyber intelligence firm says They say it may have been part of a broader scam potentially affecting a number of retailers. That firm also says the software used had malware scripts are Russian origins.

President Obama to give a much anticipated speech this morning. This as "The Guardian" reports that the NSA has collected nearly 200 million text messages a day from around the world using them to extract data including location and financial transactions.

An investigation underway into a fatal Black Hawk helicopter crash in Georgia, one soldier was killed and two others were injured at a George Army Field Wednesday, a three-man crew part of a unit nicknamed night stalkers. This is the same crew that led in the capture of Osama Bin Laden. Officials say nothing seemed out of the ordinary during the routine training exercise.

A judge in California has dismissed charges against a woman who was ticketed for wearing Google glass while driving. It's a head mounted computer display. But the judge ruled there was actually not enough evidence to prove that the device was actually on.

You're going to love this. Look at this, folks. A camera in a zoo captured a moment that the world has never seen before. This is just too cute actually. Two polar bear cubs opening their eyes and seeing their mother for the very first time as she cradles them. Zoo workers will not be able to examine these cubs until they leave their enclosure for the first time, likely in March. They appear to be extraordinarily adorable.

BOLDUAN: Say what you're going to say, Chris.

CUOMO: I get too much criticism.

BOLDUAN: That's the last time you'll ever call them adorable because then they will eat your face.

CUOMO: I do have a habit of doing that and describing these savage to the bear instead of the cuteness. So I'm going to make a switch. I thought they were really cute. I can't wait to hear what their names are. Change is growth.

BOLDUAN: Exactly.

INDRA PETERSONS, AMS METEOROLOGIST: No polar bears, but I do have an apocalypse or a fish apocalypse. At least you want to rename this guy right here. Have you ever seen anything like this? Take a look at this. Just imagine you're cruising around, because it's freezing in Norway. You see all these fish trapped in the ice. What happened is the temperature actually dropped so quickly and the winds were so strong that all of these fish got trapped right away in seconds.

BERMAN: This is like end of day stuff, right?

PETERSONS: I just switched gears. The best part, the birds were like this is ice fishing here. They actually tried to eat these. Notice now looks so much better here. It is not freezing. Temperatures, they're cool, but not as cool as we saw a week ago eventually going to spread into the northeast through the weekend.

A series of fronts are going to make their way through. Big thing here take away, upper Midwest, bad news for you it is the weekend and we're still talking about snow showers and rain showers as we go throughout the entire weekend. I love teaching you guys little lessons.

BOLDUAN: Was it a lake?

PETERSONS: Yes.

BOLDUAN: When it unfreezes, do the fish just continue along swimming?

PETERSONS: They're dead so, no.

CUOMO: As the NEW DAY family continues to grow, you will learn this, Indra has no tolerance for any type of nonfactual speculation. Even John Berman will get a smack.

BOLDUAN: Let's just go on.

CUOMO: Coming up on NEW DAY, here's the scenario for you, OK. You know the cop's up ahead. You flash the lights. Not in Texas. A guy went farther. He was holding a sign to let people know there was a speed trap ahead got arrested. Is it a crime or a form of free speech?

BOLDUAN: Also ahead, the doggy door opened a crack at this year's dog show. But will they look down their snout at the new addition to the competition?

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CUOMO: The clash is most excellent, but their conclusion in their song may not meet the next story. Free speech hero, a Texas man is fighting charges this morning. He says the law should not win after he was arrested for warning drivers of a speed trap. Officers approach and cuff. Was he breaking the law or cops are trampling his first amendment right. Let's bring HLN legal analyst, Joey Jackson. Joey, let's point counter point it. You're the defense. I'm the prosecution.

BOLDUAN: Let's go.

CUOMO: I say you -- you are hindering the administration of justice, you are obstructing justice. I told you not to do it. You did it anyway, I'm arresting you.

JOEY JACKSON, HLN LEGAL ANALYST: I say, this is a beautiful country and in this beautiful country of ours we have a first amendment. That first amendment protects my ability to express my ideas. Though you may not like them, though you may not sympathize to the things I'm communicates to the masses, I have the ability to do it.

CUOMO: I say it is not first amendment speech, it is advertising. You are in the median which is public property and I'm putting you in jail.

JOHNSON: I say that it's overbroad. How can you burden speech by telling me that I have to be in a private place, we are a society of ideas and those ideas are expressed in a public forum which I'm standing which I am and which I have a right to be.

CUOMO: I am saying we are doing a speed trap because people are speeding. You are hindering the administration of justice once again and this is in the public interest for me to stop people like you.

JOHNSON: Well, just the opposite. If we have an interest and if government has an interest in saving lives, then why not have me out there saving lives along with law enforcement by warning the public to slow down. If the true measure of the government is not to raise revenue and save people, then aren't I doing the government a favor?

BOLDUAN: This has been really great.

JOHNSON: However -- I look at the statute. I think the statute itself is overbroad. You're talking about allowing someone only on my private property to convey an idea? I think that's a problem number one with the statute. I think there are other alternatives that are less restrictive. The other problem I have with it is very selective. Would they have then come to him and said, put your hands behind your backs.

CUOMO: It shows you're allowed to do it. There's going to be precedent against it.

BOLDUAN: Is it only in some states in?

CUOMO: It's always in some states. It has been pretty clear that flashing the lights is OK. The statute that the prosecution is using here is this was an advertisement that this guy was doing by holding up the sign. It probably will be construed in the way joey is saying it. BOLDUAN: What about on the more basic level? This guy, yes, he was trying to that water law enforcement, but also trying to help law enforcement and slow people down.

JOHNSON: If it really is the law enforcement wants us to slow down, we want lives to be saved, then look, he's doing a favor to law enforcement by assisting them in their duty.

CUOMO: He's got a better case for bad arrest than they do the arrest on him.

JOHNSON: Let freedom ring. First amendment.

BOLDUAN: So let's do that again tomorrow.

CUOMO: Coming up on NEW DAY, it's a new day at the Westminster Kennel Club. This year doggie diversity is in. Good move or is this show going to the -- wait for it -- dogs.

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BOLDUAN: Welcome back. For 138 years mixed breeds have been excluded from the prestigious Westminster Dog Show. Now that is about to change in a big way. Here is CNN's Jeanne Moos.

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JEANNE MOOS, CNN NATIONAL CORRESPONDENT (voice-over): You know the song -- who let the mutts in and the answer is that dogs out high pressure now it's who let the mutts in and it's that's upper crust bastions of pure breeds.

(on camera): Did you hear mutts are allowed in the Westminster Dog Show?

UNIDENTIFIED MALE: I did know no.

MOOS: Is that something you care about?

UNIDENTIFIED MALE: No, not really.

MOOS: Mutts got no respect at Westminster. Now they got a little. They will be allowed into an agility competition that takes place two days before the main event.

UNIDENTIFIED MALE: Involves dogs that may not be seen at Westminster, including mixed breed dogs. We're excited to have them part of the family.

MOOS: Agility competitions are booming in popularity. I mean, which would you rather watch, a dog getting picked up by his privates for judging or dogs madly dashing around an agility course or teeters and tunnels. It's more fun when they stop or when a big dog has to fit through a little space. Competition like this is what's open to mixed breeds at Westminster next month. While they won't be allowed into the minute event at least mutts have a paw in the door. Henry, give me your paw. Paw. Yes. Do you think mutts should be in Westminster?

UNIDENTIFIED FEMALE: Of course. A dog is a dog.

UNIDENTIFIED MALE: I would watch that.

MOOS: As for pure breds, like this one, how will purebreds react to mutts running amuck?

UNIDENTIFIED MALE: These guys don't care.

MOOS: Can't we just get along.

UNIDENTIFIED MALE: The idea you can be a mutt and still have a life.

MOOS: Doggie diversity. Inclusivity won't result in having your hair done. Mutts, do you really want your tail tickled to make it stand up? Jeanne Moos, CNN, New York.

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BOLDUAN: That was quite a hair style.

CUOMO: I like the tail line so provocative. Coming up on NEW DAY, thousands of people in California are facing a very serious situation, forced to evacuate because of a huge fast-moving wildfire. Other tracking it and give you the latest.